Niagara Falls Council could be ‘lame duck’ before or after next election

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Published March 21, 2022 at 12:08 pm

Should seven members of Niagara Falls Council decide not to run for re-election or if seven members lost, the group enters what's called a "lame duck" scenario.

With a municipal election coming up October 24, Niagara Falls Council may find its hands tied on big decisions for two months prior as they enter what’s called a “Lame Duck period.”

In a report written by the city’s Records & Elections Officer Margaret Corbett and reviewed by City Solicitor Nidhi Punyarthi, the idea behind the “lame duck” time period is that councils on their way out can’t rubberstamp massive multi-million projects or initiatives, leaving them in the laps of those who follow.

As part of the Municipal Act, two dates are singled out – August 19 which is Nomination Day for the upcoming election and October 24, Voting Day.

The report says, “If, on either of these dates, it can be determined with certainty that the new Council will include fewer than 75 per cent of the outgoing Council Members (for Niagara Falls Council, 75 per cent is seven Members of Council) the restriction period will begin. This restriction period is commonly referred to as ‘lame duck’.”

Anyone wondering how council would know how many councillors would win their ward, the report deals with the fact that it’s possible seven incumbents may not seek re-election – ergo, instant “lame duck” period.

Election Day – October 24 – is also singled out since the next council does not sit until November 15 so there’s a three-week period where politicians voted out still maintain their seats.

So what would a lame duck council’s hands be tied on exactly? According to the report, the following:

1. The appointment or removal from office or any officer of the municipality;
2. the hiring or dismissal of any employee of the municipality;
3. The disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and
4. Making any expenditures or incurring any other liability which exceed $50,000.

However, there are exceptions. The report added “a contract could be awarded by a lame duck Council which is in excess of $50,000 so long as the amount was approved in the 2022 budget. However, the lame duck council is not able to award a contract, if the amount of the tenders or bids exceeds the amount included in the approved budget.”

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